SACAT can consent to prescribed medical treatment for a person who cannot give consent because of mental incapacity.

Prescribed medical treatment means:

  • sterilisation and
  • termination of pregnancy.

SACAT must not provide consent for prescribed medical treatment unless it is satisfied by evidence of certain specified matters (set out in the Guardianship and Administration Act 1993).

Only medical practitioners can apply to SACAT for this consent.

Who can give consent for the person?

If a person cannot give consent to a medical practitioner for prescribed medical treatment because of mental incapacity then consent to that treatment on behalf of the person can only be given by SACAT.

The person’s guardian, parent (if a child), close relative, substitute decision maker under an advance care directive, enduring guardian or medical agent cannot give substituted consent for this treatment.

When can the treatment be given?

If SACAT provides consent to prescribed medical treatment, the treatment cannot be given immediately.

It can only take place after the period for the review of a SACAT decision has expired or - if a review has been requested - it has been dismissed or withdrawn.

Right to review of a SACAT decision

There is a right to a review of a SACAT decision to grant consent to prescribed medical treatment.

For consent to termination of pregnancy the Internal Review must be made within two working days after the making of the consent decision by SACAT.

See Review of consent to medical treatment decisions for more information.